07. Z2023030 PZ Report
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Z2023030 Page 1 of 6 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2023030 - US-AZ-7049 (Tolleson) Cell Tower SUP Hearing Date: November 2, 2023 Supervisor District: 5 Applicant: Annmarie Beckett, Vertical Bridge/Clear Blue Services Owner: Darrel Hale Request: Special Use Permit (SUP) for a wireless communication facility in the Rural- 43 zoning district Site Location: Generally located around 975’ from the SWC of Lower Buckeye Rd and 107th Avenue Site Size: Approx. 3.63 acres in its current configuration; 1,600 sq. ft leased area within parcel Density: N/A County Island: Yes, City of Avondale County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: Avondale – Estate/Low Density Residential Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2023030 Page 2 of 6 Project Summary: 1. The applicant, Annmarie Beckett of Vertical Bridge, is requesting a special use permit (SUP) for a wireless communication facility (WCF) on a leased portion of what is currently APN 101-22-006D in the Rural-43 zoning district located approximately 970’ from the southwest corner Lower Buckeye Road and 107th Avenue in the Avondale area. The wireless facility will feature an 80-foot monopole which will be stealth designed as a pine tree. The tower is currently slated for a single carrier though has available space for future co-location. 2. Site aerials show the property having been established in roughly its current form since around 1976. For many years thereafter, the area surrounding the site and Lower Buckeye Rd. remained sparse with farms and rural estates being the primary uses. The City of Avondale began to annex much of the surrounding area around the turn of the century and nearby developments within their jurisdiction quickly sprung up. It is expected that such growth will continue now and into the future with eventual annexation of the subject parcel being likely. 3. Staff notes that the applicant is processing a lot recombination that would not materially affect the cell tower, but would instead ease permitting. The site currently consists of four parcels with two northern parcels being in Avondale jurisdiction serving as annexation strips. Several accessory structures have been built along and crossing through the existing parcel lines. The recombination would merge all four parcels into a single parcel. The proposed standards are based off the finished, combined lot. This lot combination will be required to be completed prior to the issuance of any building permits. Finally, staff would note that the proposed deviations to the Rural-43 standards will only apply to the wireless communication facility. 4. The following table identifies certain base, Rural-43 district development standards and the modifications of those standards necessary to provide for the current request. Standard Base Rural-43 Standards (WCF) Proposed SUP Standards (WCF) Maximum Height 80’ 80’ Setback from North Lot Line 160’ (2’ setback per 1’ in Height) 160’ (as combined) Setback from South Lot Line 160’ (2’ setback per 1’ in Height) 446.5’ (as combined) Setback from Side Lot Lines 160’ (2’ setback per 1’ in Height) 160’ 25 ft. Sight Visibility Triangles (SVTs)3 25’ Both sides of Driveway and Ultimate Edge of Street No SVTs provided – street access point in Avondale Maximum Antenna Array Diameter 8’ 12.5’ Pole Base Diameter 30 in. (2’6”) 44.2 in. (3’9” (rounded up)) Access Road Pavement Paving or Asphalt Stabilized Decomposed Granite Z2023030 Page 3 of 6 2023 site aerial oriented north showing the current parcel boundaries – the proposed WCF is just south of the cluster of accessory structures located at the center of the combined properties. Partial site plan showing the proposed site boundaries. Z2023030 Page 4 of 6 Existing On-Site and Adjacent Zoning / Land Use: 5. On-site: Rural-43 / Rural estate North: PAD (City of Avondale) / Residential subdivision South: Rural-43 / Rural estate East: Rural-43 / Rural estate West: Rural-43 / Rural estate Utilities and Services: 6. Fire: Tolleson Fire Department Police: Tolleson Police Department Right-of-Way: 7. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Lower Buckeye Rd 36’-6” 75’ Arterial Adopted Plan: 8. City of Avondale General Plan – Estate/Low Density (adopted 2022): Estate/Low Density is residential land that will contain densities that range between 1 to 2-1/2 single-family detached dwelling units per acre. Public Participation Summary: 9. The applicant complied with the Maricopa County public participation process with the required posting of the property and the notification to the adjacent property owners within 300’ of the subject site. Staff has not received any notice of opposition or support to the request. Outstanding Concerns from Reviewing Agencies: 10. N/A Staff Analysis: 11. Staff supports the proposed cell tower given the necessity of improving cellular services for the benefit of emergency responders and the public. The tower will be set at least 230’ away from neighboring residences and will include a stealth design. Staff believes that the requested deviations from the required Rural-43 development standards are appropriate given the low impact of the cell tower use and lack of traffic generated. Recommendation: 12. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2023030 subject to the following conditions ‘a’ – ‘h’: Z2023030 Page 5 of 6 a. Development of the site shall be in substantial conformance with the site plan entitled “US-AZ-7049 Tolleson“, consisting of 10 full-size sheets, dated September 6, 2023, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. The wireless communication tower shall retain the stealth properties as originally designed. Any damaged or missing fronds or branches shall be replaced within 60 days of such damage occurring. c. No permits may be issued for this site until any ongoing lot combination is completed. This lot combination must be in substantial conformance with the site plan as per condition ‘a’. d. This special use permit is valid for a period of twenty-five (25) years and shall expire on December 6, 2048, or upon termination of the use for a period of 90 or more consecutive days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. e. The following Special use Permit standards shall apply: 1. Sight Visibility Triangles: None required 2. Maximum Antenna Array Diameter: 12.5’ 3. Maximum Pole Base Diameter: 44.2 in. 4. Access Road Pavement: Stabilized Decomposed Granite f. The following engineering conditions shall apply: 1. Lower Buckeye Road is within the jurisdiction of the city of Avondale. The applicant will be responsible for coordinating with the City to review any traffic impact, right- of-way dedication, access, permitting or roadway improvement requirements. Note also strip annexation (APN 101-22-006C) 2. A MCDOT permit will be required in MCDOT right-of -way. 3. The applicant may be required to execute a Wireless Agreement with MCDOT for all equipment, conduit, F/O and other work that will be within the MCDOT ROW. MCDOT maintains a ±23’ wide R/W south of Lower Buckeye Road (yellow area on exhibit below). This agreement must be coordinated with Ms. Kelly Roy, MCDOT Utility Branch Coordination Manager, 602-506-8603 or Kelly.Roy@maricopa.gov. 4. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 5. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Z2023030 Page 6 of 6 Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. Presented by: Joel Landis, Planner Reviewed by: Darren Gerard, AICP, Planning Manager Attachments: Case Map (1 page) Site Plan/Land Use Plan (10 pages) Narrative Report (8 pages) MC Engineering Comments (2 pages) Project Narrative Market/Project Name: US-AZ-7049 Tolleson Date: 8-29-23 ADDRESS: 10837 W. Lower Buckeye Road Tolleson, AZ. 85353 Parcel Number: 101-22-006D Case# Z2023030 Purpose of Request: Vertical Bridge is requesting a Special Use Permit for a Vertical Bridge Wireless Communications Facility approval on a New Wireless Communications Facility. Per Ordinance Chapter 12 Development Regulations: Wireless communications facilities are permitted in all zoning districts subject to the provisions and standards outlined in Section 1202. Any proposed wireless communication facility that cannot meet the standards outlined in Article 1202.3 of the Ordinance shall be required to obtain a Special Use Permit approval by the Board of Supervisors. Description of Request: This SUP resubmission for (Z2023030) is for a new 80’ Monopine (Collocatable) site build located in the Central section of the existing parcel with the Vertical Bridge 8’ antennas to be placed at the top of the Monopine at (75’ top of antennas), and equipment within an 8’ CMU walled in compound 40’ x 40’ painted and textured to match the existing light tan desert area. The equipment compound behind the walled-in compound will be on cement slabs, including a backup generator Model # RD48 Model 7960-0 3.3L External Fill Tank-diesel. which complies with the Wireless Communications Facilities Ordinance which mandates the County Regulations and requirements for a site located at APN# 101-22-006D (Current APN, parcel is being combined with Parcel #101-22-006F at 10837 W. Lower Buckeye Road Tolleson, AZ. 85353 (Maricopa County). VICINITY MAP/Surrounding Parcels: 2. Description of Proposal: This SUP request is for a new 80’ monopine (collocatable) to be located in the approximate center of Parcel 101-22-006D . This parcel, zoned Rural-43, is currently vacant and located at 10837 W. Lower Buckeye Road Tolleson, AZ. 85353 Vertical Bridge has chosen this location for a new cell tower due to the lack of existing reliable cellular service in the surrounding area. As such, there are no other cell towers within 1,000’ of the proposed site. Vertical Bridge is proposing to install an antenna array toward the top of the monopine, with the center of the array mounted at 75’. This antenna array will measure 8’ from top to bottom and 13’ in diameter. A 4’ lightning rod will bring the total height of the WCF to 80. All ground-mounted equipment, including a backup diesel generator, will be constructed on cement slabs and screened by an 8’ CMU wall measuring 50’ x 50’. All facilities, including the monopine and the CMU wall, will be painted, textured, and constructed to minimize visual impacts. Both the monopine and the wall will be painted in non-reflective, earth-tone light tan colors, generally matching the surrounding desert. Lighting will be in compliance with Section 1112 of the MCZO, will be limited to facing the compound maintenance area, and will only be used when the cellular technician is onsite. 3. Relationship to Surrounding Properties: Both the site and the properties to the South, West, and East are zoned RU-43. The parcel to the North is zoned PAD. The site is located within a multi use area. The use of the site for a wireless communications facility will not cause any adverse impact on adjacent or nearby properties. As this will be an unmanned facility, maintenance will generally visit the site once a month, only visiting more often in case of emergency. As such, there will be minimal vehicular traffic (none on most days) and no pedestrian traffic generated by the site. Likewise, there will be no increase in emissions, dust, gas, noise, vibration, smoke, heat, or glare at a level exceeding ambient conditions. 4. Location, Accessibility, and Circulation System: The site is located in central section of the combined parcels 101-22-006D and 101-22-006F at the central portion of 10837 W. Lower Buckeye Road Tolleson, AZ. 85353 , approximately 3.1 miles SW Of Tolleson City Hall and approximately 16.74 miles North-West of Downtown Phoenix. Construction and maintenance personnel will access the site via access road from 10837 W. Lower Buckeye Road Tolleson, AZ. 85353 . Vertical Bridge will construct a 20’ wide access easement that will meet Lower Buckeye Road at the WCF equipment compound near the South central section of combined parcels 101-22-006D and 101-22-006F . A single 15’ wide parking space will be provided at the end of the easement, adjacent to the compound, for maintenance personnel, which will visit the site generally no more than once a month, and only more often in case of emergency. Stabilized decomposed granite (gravel) will be proposed for this SUP. Since the technician will be visiting the site only once a month, the access path can be stabilized decomposed granite. The low traffic volume along this section of US 60, the open and rural nature of the surrounding area, and the lack of nearby buildings, walls, and other obstructions, will further ensure the safety of maintenance vehicles accessing and leaving the site. 5. Development Schedule: Once the Special Use Permit has been approved and the required building permit(s) have been approved by Maricopa County Planning & Development, construction of the site (including the monopine, ground-mounted equipment, 8’ CMU wall, and access easement) is anticipated to take approximately 60 days. 6. Community Facilities and Services: The site is located within the Tolleson United District and the Tolleson Union HS is located 1.0 mile NW of the site and 2.85 miles SW of Tolleson Elementary District, and 2.46 miles SW from Tolleson Park 7. Public Utilities and Services: APS serves Aquila 1. NO WATER WILL BE USED FOR THIS SITE 2. NO SEWER WILL BE USED FOR THIS SITE 3. Police- Tolleson Police Department 4. Fire -Tolleson Fire District 8. SUP Comparison Chart: To accommodate the telecommunications facility proposed onsite, Vertical Bridge is requesting to modify some of the development standards of the Maricopa County Zoning Ordinance. (Use this section to briefly justify why it is necessary to modify these development standards. Stealth monopine is within development standards for zoning designation. Site also meets 2:1 setbacks from all new combined parcel property lines. The array due to the size of antennas and the separation required needs a face of 12.5’ as opposed to the standard 8’ per Section 1202.3. The Base of the monopine, due to the addition of branches and the design to accommodate a minimum of 3 carriers requires the base of the pole to be 44.2” as opposed to the standard 30” diameter due to this additional loading. To maximize the monopine’s setbacks from the property boundaries, it will be placed toward the center of the site. However, due to the dimensions of the property, meeting the requirement of having the monopine setback at least 2’ from all property lines for each 1’ in height was infeasible. With a proposed height of 80, the base regulations would require the monopine to be setback at least 160’ from all property lines. Instead, the monopine will be setback 272.32’ from the north lot line, 459.9’ from the south lot line, 272.32’ from the ultimate right-of-way line from Lower Buckeye road, and 160’ from the west lot line and 160’ from the East property line. All setbacks are measured from the antenna array circumference line. The proposed modifications to the MCZO development standards are summarized in the table below: Standard Base Standards for WCF in Rural-43 Max. Facility Height 90’ 80 Max. Antenna Array Diameter 8’ 12.5’ Setback from North Lot Line 160’ (2’ setback for each 1’ in height) 160’ SPECIAL USE PERMIT SUPPLEMENTAL QUESTIONNAIRE FOR WIRELESS COMMUNICATION FACILITIES The following is supplemental information required to be submitted and addressed in the narrative report for the Special Use Permit. 1. What is the height of the proposed WCF? __80 Feet_ 2. Provide a map showing all the existing WCFs within a 1,000 feet radius for sites within Rural, Single- Family Residential or Multiple-Family zoning districts (Regardless of provider). There are no other towers in the 1000’’ area; Per Section: 1202.3.1.(k)., and due to the major carrier mature system build Vertical Bridge needs this proposed site location to improve the services as there are many blocked/dropped calls due to the weak signal in the surrounding area, The existing right of way power poles, light standards and stop light pole have been thoroughly investigated by the major carrier Radio Frequency Engineers within the search ring area which do not work for the RF objectives in this area. 3. Provide a list with locations and approximate height of all existing vertical structures (of a height approximately equal or greater than the requested tower) within the WCF’s search area. This includes church spires and steeples, light standards, water towers, transmission lines, buildings, or other similar structures. There are no towers of this height in the area, this is a multi-carrier site designed to cover a wide, underserved area. 4. Provide a map showing the service areas which the proposed facility will serve. Setback from South Lot Line 160’ (2’ setback for each 1’ in height) 446.5’ Setback from Lower Buckeye ROW Line 160’ (2’ setback for each 1’ in height) 206’. 7 1/2” Setback from Ea s t a n d West Lot Line 160’ (2’ setback for each 1’ in height) 160.0’ Sight Visibility Triangles 25’ x 25’ on each side of driveway at ROW line. None Access Road Pavement (include only if applicable) Paving or Asphalt Stabilized Decomposed Granite (Gravel) 5. Explain any attempts or possibilities that have been investigated relating to co-location with another provider or existing facility. As stated above there are no towers of this height to offer coverage in the design area. 6. Explain how this request can facilitate co-location with other users. Overall height of the tower is designed to accommodate a minimum of 3 carriers to improve coverage in this area. 7. Will the request involve the removal of mature trees or cacti? If so, discuss plans for relocation of such vegetation. No Mature trees or Cacti will need to be relocated for this project. 8. Discuss the following compatibility issues: a. Setbacks from residential uses. North- 547.6’ East – 234.9’ South – 905.9’ West – 282.1’ b. Setbacks from all property lines. North Lot 160’ South Lot Line 446.5’ East Lot line 160’.0 West Lot 160.0’ c. Setbacks from uses/structures on adjacent property. North- 547.6’ East – 234.9’ South – 905.9’ West – 282.1’ d. Setbacks from public and private streets or access easements. Access Drive setback is 206’ 7 1/2” e. Future additional appurtenances or expansion plans. None at this time f. Color and type of tower, landscaping, and fence screening. 1. Towers shall either maintain a galvanized steel finish, or, subject to any applicable standards of the FAA be painted a neutral light tan color so as to reduce visual obstructiveness. 2. At a tower site, the design of the buildings and related stealth structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. g. Surrounding non-residential uses (if applicable). N- PAD E- RU -43 S- RU-43 W-RU-43 _ 9. If a stealth design is not being proposed, please explain why. Due to the overall height required for coverage and the added wind-loading of a structure of this height, the best design is a monopine for coverage and visual impact. Jim Caciola Site Acquisition Specialist Clear Blue Services Vertical Bridge LLC Contractor O: 602.405.3550 Jim.caciola@clearblueservices.com Site Acquisition*Architecture*Engineering*Construction www.clearblueservices.com 3530 E. Atlanta Avenue Phoenix, Arizona 85040 Krystina Pacheco, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-8790 www.maricopa.gov/planning Email address: krystina.pacheco@maricopa.gov Planning & Development Engineering Plan Review Date: August 24, 2023 Memo To: Darren Gerard, Planning Manager, Planning & Development Attn: Joel Landis, Planner, Planning and Development From: Krystina Pacheco, Plans Examiner Engineer, Planning and Development cc: Michael Norris, P.E., Engineering Manager, Planning and Development Subject: Z2023030 – SUP to Install Cell Tower (E1 Memo) Job Site Address: 10837 W Lower Buckeye Road., Phoenix APN(s): 101-22-006D PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the SUP application routed for review on August 15, 2023. PND Engineering has the following stipulations: 1. Lower Buckeye Road is within the jurisdiction of the city of Avondale. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, access, permitting or roadway improvement requirements. Note also strip annexation (APN 101-22-006C) 2. A MCDOT permit will be required in MCDOT right-of -way. 3. The applicant may be required to execute a Wireless Agreement with MCDOT for all equipment, conduit, F/O and other work that will be within the MCDOT ROW. MCDOT maintains a ±23’ wide R/W south of Lower Buckeye Road (yellow area on exhibit below). This agreement must be coordinated with Ms. Kelly Roy, MCDOT Utility Branch Coordination Manager, 602-506-8603 or Kelly.Roy@maricopa.gov. Page 2 of 2 4. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 5. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. Please contact me if you have any questions or require any additional information.